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R03-027RESOLUTION NO. R 03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE AWARD OF BID FOR THE ROOF REPAIRS TO THE COMMISSION CHAMBERS AND THE POLICE STATION WITHIN THE CITY HALL COMPLEX (BID NO. 022-2511-03/KR) TO SPECIFIED ARCHITECTURAL SYSTEMS, INC.; AUTHORLZING EXECUTION OF THE CONTRACT, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on January 15, 2003, Procurement Services received and opened one proposal for the above referenced bid, and was it determined by staff that Specified Architectural Systems, Inc., of Sarasota, Florida, is the sole bidder who is a responsive, responsible bidder who met all specifications; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, upon recommendation of staff, hereby approves the award of the bid for the roof repairs to the Commission Chambers and the Police Station within the City Hall complex (BID NO. 022-2511-03/KR) to Specified Architectural Systems, Inc., in the amount of $22,865.00, and authorizes the City Manager to execute a contract, a copy of which is attached hereto. Section 2. That this Resolution shall become effective immediately. S:~CA\RESO~Agreements\Bid Awards\Bid Award - Spcificed Architectural - roof repairs 020603.doc PASSED AND ADOPTED THIS I ~ day of February, 2003. ATTEST: S:\CA\RESO~Agreements\Bid Awards\Bid Award - Spcificed Architectural ~ roof repairs 020603.doc o3-oa7 CONTRACTOR AGREEMENT FORM KALWALL SKYLIGHT SYSTEM REPAIRS FOR COMMISSION CHAMBERS AND POLICE STATION WITHIN THE CITY HALL COMPLEX THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and Specified Architectural Systems, Inc., hereinafter referred to as "the Contractor", in consideration of the mutual benefits, terms, and conditions hereinafter specified which are attached hereto and incorporated herein by reference. PROJECT DESIGNATION. The Contractor is retained by the City to perform repair services including the cleaning, preparation, and application of Weatherseal #85 in connection with the project designated KALWALL SKYLIGHT SYSTEM REPAIRS FOR COMMISSION CHAMBERS AND POLICE STATION WITHIN THE CITY HALL COMPLEX. SCOPE OF SERVICES. Contractor agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. TIME FOR PERFORMANCE. Work under this contract shall commence upon the giving of written notice by the City to the Contractor to proceed. Contractor shall perform all services and provide all work product required pursuant to this agreement within 90 calendar days from the date written notice is given to proceed, unless an extension of such time is granted in writing by the City. PAYMENT. The Contractor shall be paid by the City for completed work and for services rendered under this agreement as follows: Final payment of any balance due the Contractor of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this agreement and its acceptance by the City. Payment as provided in this section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. The Contractor's records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after final payments. Copies shall be made available upon request. COMPLIANCE WITH LAWS. Contractor shall, in performing the services contemplated by this service agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. CA-1 INDEMNIFICATION. Contractor shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Contractor's own employees, or damage to property occasioned by a negligent act, omission or failure of the Contractor. o INSURANCE. The Contractor shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of $1,000,000. Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. o INDEPENDENT CONTRACTOR. The Contractor and the City agree that the Contractor is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Contractor, or any employee of Contractor. COVENANT AGAINST CONTINGENT FEES. The Contractor warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Contractor, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Contractor, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 10. DISCRIMINATION PROHIBITED. The Contractor, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 11. ASSIGNMENT. The Contractor shall not sublet or assign any of the services covered by this agreement without the express written consent of the City. CA-2 12. NON-WAIVER. Waiver by the City of any provision of this agreement or any time limitation provided for in this agreement shall not constitute a waiver of any other provision. 13. TERMINATION. a. The City reserves the right to terminate this agreement at any time by giving ten (10) days written notice to the Contractor. bo In the event of the death of a member, partner or officer of the Contractor, or any of its supervisory personnel assigned to the project, the surviving members of the Contractor hereby agree to complete the work under the terms of this agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this agreement between surviving members of the Contractor and the City, if the City so chooses. 14. DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be adjudicated within the courts of Florida. Further, this agreement shall be construed under Florida Law. 15. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Attn: Kurt Bressner, City Manager Notices to Contractor shall be sent to the following address: Specified Architectural Systems, Inc. 1927 Laurel Street Sarasota, FL 34236 Attn: John Thornton 16. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Contractor and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Contractor. CA-3 DATED this ! ~ day of ,2003. CITY OF BOYNTON BEACH City Manager I~URT BRESSNER CITY MANAGER BOYNTON BEACH. FL Attest/Authenticated: Contractor Title (Corporate Seal) Approved as to Form: Attest/Authenticated: Secretary Rev. 1/22/91 CA-4